1

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

CIVIL DIVISION

NEIL J. GILLESPIE,
Plaintiff,
Case No.:

05-CA-007205

vs.
Division: J
BARKER, RODEMS & COOK, P.A.,
A Florida corporation, and
WILLIAM J. COOK,
Defendants.

-------------_/
PROCEEDINGS:

Hearing

BEFORE:

Honorable James D. Arnold

DATE:

June 16, 2011

TIME:

10:30 a.m. - 10:47 a.m.

PLACE:

Hillsborough County Courthouse

800 Twiggs Street
Tampa, Florida 33602

REPORTED BY:

Nicholas Lafaro
Stenographic Reporter and
Notary Public,
State of Florida at Large

ORIGINAL

1
2
3

APPEARANCES:
Counsel for Plaintiff:
EUGENE P. CASTAGLIUOLO, ESQUIRE
CASTAGLIUOLO LAW GROUP, P.A.
Oakbrook Plaza
2451 McMullen Booth Road
Clearwater, Florida 33759
(727) 712-3333

Counsel for Defendants:

7

RYAN CHRISTOPHER RODEMS, ESQUIRE

BARKER, RODEMS & COOK, P.A.
400 North Ashley Drive, Suite 2100
Tampa, Florida 33602
(813) 489-1001

10

ALSO PRESENT:
11

EDWARD CASTAGLIUOLO
12

* * *

INDEX

13

PAGE
14

19

Certificate of Reporter
15

* * *
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17
18
19
20
21
22

(.;

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24
25

PROCEEDINGS

THE BAILIFF:

MR. CASTAGLIUOLO:

MR. RODEMS:

MR. CASTAGLIUOLO:

THE COURT:

MR. CASTAGLIUOLO:

Good morning, Judge.

Good morning, your Honor.

Judge, my papers -

Yes.
My original notice of

appearance -
THE COURT:

Okay.

MR. CASTAGLIUOLO:

10
11

Please remain seated.

-- lim filing with the

court, and my motion beneath it.

12

THE COURT:

Okay.

13

MR. CASTAGLIUOLO:

Judge, I've known

14

Mr. Gillespie for about, oh, I'm going to say,

15

almost 14 days.

16

readily -- readily apparent to me that this

17

gentleman has some problems, which cause him to be

18

contentious, to say the least.

Not longer than that.

And, it's

And, lim well aware of the history of this

19
20

case.

21

havenlt even scratched the surface, but I read a

22

lot of pages about this case.

23

uninformed about the background and the origins of

24

this matter that welre here for today.

25

It goes back to 2005.

I've read

So I'm not totally

My sole purpose here today -- as I was

explaining to counsel prior to the hearing, I wish

I could file a limited appearance, but, as we all

know, we can't do that.

pound.

man from going to jail.

has had the fear of God put in him with regard to

being arrested.

In for a penny, in for a

My sole purpose is, really, to keep this

I really believe that he

He's called me when the sheriff's officer was

knocking on his door and calling me by cell at the

10

same time.

11

sheriff's officer said, if we pick him up, he's

12

going to sit in the Marion County Jail for two

13

weeks before Hillsborough even thinks of coming

14

over to get him.

15

I spoke to that sheriff's officer.

The

And the system being what it is, Judge, and

16

this being a civil matter, I have constructed a

17

proposed order, where, basically, what I'm asking

18

counsel to agree to, and I'm sure he won't,

19

he's defending his side vigorously, as he should, I

20

want him to give Mr. Gillespie another 60 days to

21

sit, with or without me, at a deposition

22

(inaudible) of execution; or, if he doesn't do that

23

by August 31st, the way I wrote the order, the

24

proposed order, then, Mr. Rodems can come in ex

25

parte and get his writ of bodily attachment all

'cause

over again.

at the apple to comply.

It's basically giving him another bite

And the linchpin of all this, Judge, is that,

for the last 21 months, he's been without counsel.

So he's been on the internet.

his own devices and his own -- he's my client and

I've had this discussion with him.

his own delusions about the way this process should

work.

10

He's been left to

He's left to

He's finally been made to realize it ain't

11

going to happen that way.

12

way this Court wants it to happen and there is

13

no -- there is no other alternative.

MR. RODEMS:

14

It's going to happen the

Your Honor, we would not agree to

15

that.

16

or to dissolve the writ of bodily attachment.

17

Judge, the order to show cause commanded

18

Mr. Gillespie to appear before your Honor, on June

19

1st.

20

21

And in fact, we would ask you not to rescind

THE COURT:

Let me interrupt you, if I could,

Counsel.

22

MR. RODEMS:

23

THE COURT:

Yes.
'Cause, I don't know how many

24

judges were before me, but I know there was a

25

number of judges before me, and I don't have all

2
3

4
5

the background of the case.

The basis of the deposition is based upon -
what was - was it an award of attorney's fees?
MR. RODEMS:

Yes, sir.

against Mr. Gillespie in favor of my clients.

THE COURT:

attorney's fees was?

8
9

There's a judgment

MR. RODEMS:

The basis of the award of the

Violation of Section 57.105 for

filing frivolous pleadings and also discovery

10

violations for not complying with discovery

11

requests and discovery orders.

12
13

THE COURT:

Okay.

All right.

I'm sorry.

Go

ahead.

14

MR. RODEMS:

15

The order to show cause commanded

Yes, sir.

16

Mr. Gillespie to appear before your Honor and show

17

cause why he should be held in contempt for

18

violating prior orders of this court.

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order of this court at issue was entered by Judge

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Cook and it commanded Mr. Gillespie to appear

21

within 60 days for his deposition.

22

THE COURT:

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subpoena duces tecum

24

MR. RODEMS:

25

THE COURT:

The prior

So

And was - was there not a

Yes, sir.
-- to produce certain documents?

MR. RODEMS:

Notice of - because he's a

party, notice of deposition duces tecum for him to

appear and produce documents and

5
6
7
8

THE COURT:

And what - and what were the

documents that were requested?

MR. RODEMS:

The various types of things that

one would expect in a collection case.

Mr. Gillespie receives income from a trust.
We wanted to see the trust documents.

We also want

10

to see his financial records, records relating to

11

assets, and other things, bank account records,

12

various things we know, because of

13

Mr. Gillespie's

14

THE COURT:

15
16

Counsel, do you have a copy of the

subpoena duces tecum?

MR. CASTAGLIUOLO:

Yes, I do.

17

with me, your Honor.

18

see, the court file is extensive.

19

THE COURT:

20

MR. CASTAGLIUOLO:

I've seen it.

I don't have it
As you can

Right.
But if you look at Exhibit

21

"A" to my motion, Mr. Gillespie has - his argument

22

to me is that he's responded to very much of what

23

Mr. Rodems has asked for.

24

letter - I think that's page 2 and the cover

25

letter that you're looking at.

He wrote under a cover

So if you went back

one more, that would be the beginning of Exhibit

"A."

have given Mr. Rodems these materials on more than

one occasion.

And a lot of this is he's - he claims to

And that cover letter covers a list of items.

5
6

He also made that part of the court record under

some type of a pleading cover.

buried back in the - in the file from last summer.

THE COURT:

Okay.

10

MR. CASTAGLIUOLO:

11

THE COURT:

12

And-

I believe he filed a criminal - a

criminal indigency affidavit.

13

MR. CASTAGLIUOLO:

14

THE COURT:

15

MR. CASTAGLIUOLO:

16

Again, that's

And that was approved.

Well, that was -

He was found to be

indigent.

17

THE COURT:

A criminal indigency

18

MR. CASTAGLIUOLO:

19

THE COURT:

Right.

was - was approved by the

20

clerk on a criminal case, but there's no criminal

21

case.

22
23

24

25

MR. CASTAGLIUOLO:

Yes.

And that's why the

public defender dropped him recently.

THE COURT:

Right.

But, if - if he has no

documents, or if he does, why hasn't he produced

them?

for the deposition and get it over with and that's

the end?

And if he has no assets, why doesn't he sit

MR. CASTAGLIUOLO:

Your Honor, that's -

that's what I've educated him over the last almost

14 days about, and that's what I've told him.

He's also a stroke away from a Chapter 7

bankruptcy.

quick.

So, this thing could go away real

And that's all the more reason why I don't

10

want him to sit in jail; so that I don't have to go

11

to the jail and have him sign his bankruptcy

12

petition and schedules.

13

If you'll look at Exhibit "A," though, your

14

Honor, and not to belabor the point, but he claims

15

he's given a lot of this stuff -

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THE COURT:

Why donlt -- why don't you bring

17

your client in tomorrow morning, with the

18

documents?

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hearing room.

20

They'll -- I'll -- Illl direct the bailiffs to -

21

the sheriff's office to escort your client up here.

22

He gives his deposition.

23

documents.

24
25

Counsel could be here.

You can use my

The bailiff will be here.

MR. CASTAGLIUOLO:

He produces his

Because there's an active

warrant out, and that nice deputy will put some

10

cufflinks on him, that he's not going to like.

That's why he didn't come here today.

4
5

6
7

8
9

10
11

THE COURT:

Well, the warrant is to bring the

individual before the Court, before me.

MR. CASTAGLIUOLO:

But the first stop is the

jail, your Honor, to process him.

THE COURT:

All right.

I'm not going to argue

with you.
MR. CASTAGLIUOLO:

No, I'm not trying to be

argumentative.
THE COURT:

I'm just saying - I'm offering an

12

alternative to bring him in tomorrow morning for a

13

deposition.

14
15

MR. CASTAGLIUOLO:

I - I will contact him and

see if that's possible.

16

Is it possible to do Monday or Tuesday?

17

THE COURT:

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Could you take your deposition

tomorrow?

19

MR. RODEMS:

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THE COURT:

Your Honor -
That's - what they want to do is,

21

they want to take a deposition and see these

22

documents and - and that's all this is about.

23

MR. RODEMS:

I'm supposed to be on vacation

24

with my family right now.

I - I came in today

25

specifically for this, and as soon as I'm done, I'm

11

going to be joining my family down at the beach.

THE COURT:

Okay.

MR. RODEMS:

So,

deposition done.

5
6

THE COURT:

I -- look, I want to get this

The bottom line is, if he's

brought before the Court -

MR. RODEMS:

THE COURT:

Well-

Yes, sir.
-- I will direct you -- if -- if

he's going to sit for a deposition, to give the

10

the -- to -- to appear, to give -- to take the

11

deposition -

12

MR. RODEMS:

13

THE COURT:

Yes, sir.
if he's willing to take it.

14

he's not willing to take it, that's a different

15

story.

16

the deposition.

17

would have to make themselves available.

18

If

But, you know, you'd be directed to take

So you or someone from your office

MR. CASTAGLIUOLO:

He's definitely willing to

19

take it, your Honor.

20

Mr. Rodems' vacation, and my own schedule, could we

21

have some leeway of, perhaps, next week?

22

the end of his vacation, when he comes back?

23
24
25

THE COURT:

But in deference to

Or, or at

When do you come back from your

vacation?
MR. RODEMS:

I'll be back Monday.

I have -

12

know I could definitely do it Tuesday.

do have a deposition.
THE COURT:

Let me look at my schedule.

(Recess taken.)
THE COURT:

Monday, I

You said Tuesday would work for

you?
MR. RODEMS:

Yes, sir.

Tuesday in the

actually, Tuesday, at any time, and - and

Wednesday.
THE COURT:

10

The sergeant indicated to me, if

11

Gillespie shows up at the courthouse and they -

12

they would be downstairs waiting for him - they

13

would escort him straight up here.

MR. CASTAGLIUOLO:

14
15

And I'll bring that to my

client.

16

What time, Judge, on Tuesday?

17

THE COURT:

18

What time?

19

MR. RODEMS:

I don't know.

Judge, I can be here at whatever

20

time you open the doors for business.

21

know, I've got - I've got a client meeting at

22

nine.

23

I've got a deposition at one, that I -

THE COURT:

24

25

I'm going to move that for this.

nine.

Of course

I can - you

And, and

Well, you got a client meeting at

13

MR. CASTAGLIUOLO:

Gillespie's coming from

Ocala, so -

THE COURT:

Nine o'clock in the morning

downstairs is pretty busy.

run a couple of thousand -

MR. RODEMS:

THE COURT:

- run thousands of people through

MR. CASTAGLIUOLO:
Honor?

11
12

Yes, sir.

here every day through security.

9
10

You know, I mean, we

May I suggest 10:30, your

Would that work with the Court?

THE COURT:

Would that accommodate you with

your client interview?

MR. RODEMS:

13

Yes, sir, that would be perfect.

14

I could conduct that interview over an hour and

15

then be here by 10:30.

THE COURT:

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10:30.

Certainly.
All - I'm conducting

17

hearings Monday and Tuesday in the hearing room

18

here.

19

have a room to - the hearing room to conduct the

20

deposition.

21
22

23
24
25

So, we will find another room.

MR. RODEMS:

Yeah.

There is one matter, Judge.

We'll

And

I'm just trying to head off a problem in the past.

Mr. Gillespie is trying very hard not to show
to me the trust documents, where he gets income.
THE COURT:

Well, at this point in time, the

14

time for filing objection to production are long

over with.

MR. CASTAGLIUOLO:

objection to that.

is referring to.

Well, he's filed an

And I think that's what counsel

THE COURT:

MR. CASTAGLIUOLO:

Well-
I've been told that the

only thing in the trust document is the house,

which is underwater, and if there were any rumors

10

11

of income -
THE COURT:

Produce - produce the trust

12

documents and I'll review them in camera.

13

Any objection to that, Counsel?

14

MR. RODEMS:

15

THE COURT:

No, sir.

Not at all.

You bring the - you bring the

16

trust documents with you and I'll review them in

17

camera.

18

If the documents are produced, if he gives his

19

deposition, as far as 1 1 m concerned, thatls the end

20

of it.

21

22

MR. CASTAGLIUOLO:
Very generous.

23

THE COURT:

24

MR. CASTAGLIUOLO:

25

That would be great, Judge.

All right.
I don't

order doesn't reflect that, Judge.

certainly, my
Will you be

r
~

15

issuing your own order or is this - it's a matter

of record.

THE COURT:

Well, it's a matter of record.

I'm just - I'm just indicating to you what I'd be

willing to do, and make arrangements to have

I can tell the sheriff right now to have

Mr. Gillespie escorted up and they'll have somebody

there, starting at 10 o'clock, just waiting for him

to - to escort him through security and bring him

10

up here.

11
12

and

MR. CASTAGLIUOLO:

That'll be my message to

Mr. Gillespie, your Honor.

13

THE COURT:

And, I

at this point in time,

14

his coming here is on a voluntary basis.

15

comes in on a voluntary basis on Tuesday, he brings

16

the documents, including the trust documents, which

17

I'll review in camera - okay - and willing to sit

18

for a deposition under oath, a full deposition

19

under oath, then I'll take that all into

20

consideration; and, and as far as I'm concerned, if

21

he does produce the documents, he does sit for

22

deposition, at that point in time, I'd be inclined

23

to withdraw any pick-up order.

MR. CASTAGLIUOLO:

24

25

you.

Great, your Honor.

If he

Thank

16

MR. RODEMS:

THE COURT:

MR. RODEMS:

THE COURT:

But
assemble here?
But -- but that's what I would do

under those circumstances.

say what I'm going to do ahead of time.

If he doesn't

And I generally don't

if he doesn't want to

if

he doesn't show up on Tuesday, doesn't show up on

Tuesday.
MR. CASTAGLIUOLO:

10

Well, I'll be here on

11

Tuesday, and my message to him is that he had

12

better be here on Tuesday.

THE COURT:

13

I mean -- I mean, it's -- it's a

14

voluntary thing on his part.

15

in on Tuesday, I will be here, counsel will be

16

here.

17

MR. CASTAGLIUOLO:

18

THE COURT:

19

MR. RODEMS:

20

THE COURT:

21

(..J

So, are we to -

If he wishes to come

And I'll be here.

Okay.
So we
If he doesn't show up, he doesn't

show up.
We're to come to your chambers at

22

MR. RODEMS:

23

10 a.m., your Honor?

24

THE COURT:

25

MR. RODEMS:

Pardon me.
Are we to come to your chambers

17

at 10 a.m.?

THE COURT:

MR. RODEMS:

Yes, sir.

THE COURT:

Well, 10:30.

MR. CASTAGLIUOLO:

MR. RODEMS:

THE COURT:

10

11

It's going to start at

10:30.

Uh-huh.

Yes, sir.
I'll just have representatives

from the sheriff's office down there at 10 o'clock.

MR. RODEMS:

I'll be here at 10:30 on Tuesday

of next week.

12

Thank you.

13

THE COURT:

I'm not sure if we need to enter

14

an order, other than the fact that I'm not setting

15

aside any pick-up order at this time.

16
17
18

19

MR. CASTAGLIUOLO:
referring to, the order.
THE COURT:

If you want to bring an order with

you at that time, that'll be fine.

20

MR. CASTAGLIUOLO:

21

THE COURT:

22

MR. CASTAGLIUOLO:

23
24

25

That's what I was just

Okay.

Just sayan order denying.

And may I leave those files

with you, your Honor?

THE COURT:

And, and if he does want to

voluntarily appear, and you want to bring a

18

(;

proposed order, then 1 1 11 be glad to review it at

that time after deposition.

This is original.

1 1 11

MR. CASTAGLIUOLO:

Theylre the originals.

THE COURT:

with the court.

MR. CASTAGLIUOLO:

THE COURT:

MR. RODEMS:

10
11

12
13
14

15
16
17
18
19
20
21
22
23

I'll ask the clerk to file this

24
25

Thank you, Judge.

Okay.
Thank you, Judge.

your time.
THE COURT:

Have a nice day.

(Time noted 10:47 a.m.)

Thanks for

19

(;

1
2

STATE OF FLORIDA )

COUNTY OF HILLSBOROUGH

I, Nicholas Lafaro, certify that I was

authorized to and did stenographically report the

proceedings; and that the foregoing pages are a true

and complete record of my stenographic notes taken

during said proceedings.

(;

CERTIFICATE OF REPORTER

I further certify that I am not a relative,

10

employee, attorney, or counsel of any of the parties,

11

nor am I a relative or employee of any of the parties'

12

attorneys or counsel connected with the action, nor am

13

I financially interested in the action.

14

Dated this 16th day of June, 2011.

15
16

NICHOLAS LAFARO
17
18
19
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21
22
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Court Reporter

20
A
a 1:73:214:2,3,3,16,16

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4~~el0:7
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Arnold 1:12
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as3:25 4:2,19 7:1710:25

10:2514:19,1915:20
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Ashley 2:8
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asking 4:17
assemble 16:3
assets 7: 11 9: I
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12:3,8,11,19,21,23,24
13:25 14:1415:8,13,22
16:2217:1,5,9,10,15
17:1918:1
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August 4:23
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available II: 17
award 6:3,6
aware 3:19
away 9:7,8
a.m 1:14,14 16:23 17:1
18: 12
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back 3:207:25 8:8 11 :22
II :23,25
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bailiff3:2 9: 19
bailiffs 9:20
bank 7:11
bankruptcy 9:8, II
BARKER 1:62:8
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basically 4:17 5:1
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9:1910:9,23 11:1,15
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13:15 14:21,25 15:4,11
15:22 16:10,12,15,15
16:1717:10,1918:1
beach II: I
because 7:1,12 9:24
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5:256:1610:4,411:6
beginning 8: 1
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bite 5: I
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Booth 2:4
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14:15,1515:917:18,25
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but 3:214:25:247:20
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